Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
There was but one limitation to the universal liability of slaves. They
could not be tortured to extract testimony against their masters,
whether in civil or criminal cases;[1415] though, if a slave had been
purchased by a litigant to get his testimony out of court, the sale
was pronounced void, the price was refunded, and the slave could then
be tortured.[1416] This limitation arose from a careful regard for the
safety of the master, and not from any feeling of humanity towards
the slave. So great a respect, indeed, was paid to the relationship
between the master and his slave that the principle was pushed to its
fullest extent. Thus even an employer, who was not the owner of a
slave, was protected against the testimony of the latter.[1417] When a
slave was held in common by several owners, he could not be tortured
in opposition to any of them, unless one were accused of murdering his
partner.[1418] A slave could not be tortured in a prosecution against
the father or mother of the owner, or even against the guardian, except
in cases concerning the guardianship;[1419] though the slave of a
husband could be tortured against the wife.[1420] Even the tie which
bound the freedman to his patron was sufficient to preserve the former
from being tortured against the latter;[1421] whence we may assume
that, in other cases, manumission afforded no protection from the rack
and scourge. This question, however, appears doubtful. The exemption of
freedmen would seem to be proved by the rescript which provides that
inconvenient testimony should not be got rid of by manumitting slaves
so as to prevent their being subjected to torture;[1422] while, on the
other hand, a decision of Diocletian directs that, in cases of alleged
fraudulent wills, the slaves and even the freedmen of the heir could be
tortured to ascertain the truth.[1423]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account